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'Personal Injury' Category Archives

November 21st, 2018

What to do when you’ve been injured by an uninsured driver

Injured in car accident by uninsured driverFor many people who have been in a collision, they simply swap license plate numbers and leave it to the insurance companies to deal with. However, there are times when it isn’t that simple. The person may have been severely injured, and when it comes to dealing with it, they find out the bad news – they don’t have insurance.

It may seem like a dead end, but there are things you can do at this point. In this article, the motoring offences team at Foys help you to understand what you can do next.

Check your contract

Before you begin any kind of process against an uninsured driver, you should always check your contract first. Depending on your insurer, you may have one of a few types of protection:

  • Protected no claims bonus – when hit by an uninsured driver, you are often forced to claim on your own insurance, which instantly ruins your no claims benefits. Some companies will preserve your bonus if the other driver is uninsured, though they may still raise your premium when the time comes to renew it.
  • Waived excess – if you have comprehensive insurance, you will have to claim on your own policy, which is understandably frustrating. Many insurers recognise this and will waive your claim excess, so it doesn’t cost you money to make a claim.

Bear in mind that even with these types of protection, the companies will still deduct the no claims bonus and ask you to pay the excess while the claim is being decided, returning both if it is ruled in your favour.

Not all companies offer this protection, and many tend to offer variations or combinations of them, so it’s always worth checking beforehand to make sure you take advantage of any protection you may already have.

The Motor Insurer’s Bureau

The Motor Insurer’s Bureau (MIB) is an independent organisation that aims to compensate people who have been hit by uninsured or untraceable drivers. The MIB has an uninsured drivers’ agreement and untraced drivers’ agreement for each of the countries it operates within. The countries are as follows:

  • England, Scotland, Wales
  • Northern Ireland
  • Gibraltar
  • Isle of Man
  • Jersey
  • Guernsey

The MIB can only assist those without comprehensive insurance, and the conditions under which they can help vary between the countries they operate within. In addition, these claims can take anywhere from three months to a year to be completed depending on the complexity of the case. Consider asking our personal injury solicitors for legal advice throughout the process as these cases are very often preceded by injury from the accident

Get help from Foys – personal injury and motoring offence solicitors

At Foys, our personal law team has expertise in many fields of law, from motoring accidents to personal injury, and we can help you pursue potential options if an uninsured driver has hit you.

To find out more, get in touch using our Online Form – or call your local Foys Solicitors office:

  • Doncaster – 01302 327 136
  • Retford – 01777 703 100
  • Worksop – 01909 500 511
  • Clowne – 01246 810 050
  • Rotherham – 01709 375 561
  • Sheffield (Waterthorpe) – 0114 251 1702
  • Sheffield (Chapeltown) – 0114 246 7609

Before you go, take a look at some of our other articles:

November 14th, 2018

The facts about under-settled personal injury claims

Personal injury law - under-settled injury claims

When you’re hurt in an accident, you can make a personal injury claim against the person who is at fault. How much to claim depends on a few factors and your legal representative would generally value and negotiate the claim based on:

  • The evidence
  • Your financial loses as a result of the accident
  • The care element and psychological aspects of your claim

Why are under-settled cases?

If you are in the process of settling – or have settled – a personal injury claim and feel like you haven’t been compensated fairly, then the case may have been under-settled. Under-settling happens when your claim handler accepts a low settlement due to inexperience or wanting to resolve your case quickly. You may have also been put under pressure to accept the claim.  It’s time to take a step back and allow the specialist personal injury solicitors at Foys to show you why cases are under-settled, and what you can do if you suspect your case has been dealt with in this way.

Reasons why under-settled personal injury claims happen

Under-settled personal injury claims happen due to negligence by your lawyer. In an effort to cut costs and maintain high profits, many firms have taken to using unqualified juniors or claims handlers to manage cases. They may miss crucial evidence, fail to consider all of the possible damages, and even accept the first offer made without trying to negotiate for a higher sum.

In some cases lawyers may look to simply settle cases quickly, usually when they operate on a fixed-charge basis – in this case they look to resolve the case as quickly as possible, no matter the result. This can result in claims being settled for far lower than they should be.

Fighting back against under-settled

As is the case with most things, prevention is better than cure. There are several warning signs that can indicate when a lawyer is likely to under-settle your case, and by looking out for these signs you can protect yourself and ensure you get the money you deserve. Here are some things you can do to avoid being under-settled:

  • Ask about qualifications – Many inexperienced claims handlers may not have the correct qualifications.  Your professional lawyers should tell you who is handling your claim and prove their worth.
  • Be suspicious of the first offer – Lawyers will very rarely accept the first offer, as it can often be a lowball – a deliberately very low offer, often to test the waters. There is no risk to the opposite party from making a lowball offer, so you should be extremely suspicious of any lawyer that suggests you take the first amount offered.
  • Don’t be pressured into settling quickly – There’s no denying the process is stressful, but if you simply settle as quickly as possible then you will likely not get as much compensation. You may also choose to settle when you have made a full physical and psychological recovery from your injury should you begin the process, so that you have all the medical evidence possible.

Don’t risk it

At Foys, we have experience in winning these types of cases for our clients. Our team is comprised of specialist personal injury solicitors rather than inexperienced claims handlers, so you can be sure that your case will be handled professionally the first time around.

To find out more, get in touch using our Online Form – or call your local Foys Solicitors office:

  • Doncaster – 01302 327 136
  • Retford – 01777 703 100
  • Worksop – 01909 500 511
  • Clowne – 01246 810 050
  • Rotherham – 01709 375 561
  • Sheffield (Waterthorpe) – 0114 251 1702
  • Sheffield (Chapeltown) – 0114 246 7609

Relevant articles which may be of interest to you: